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USPTO reveals plan to prevent plot loss

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On the weekend of 16 June, the United States Patent and Trademark Office (USPTO) released an extraordinary announcement in response to an applicant who has filed for a handful of so-called ‘movie-plot patents’. With four film plots submitted as ‘inventions’ by patent lawyer Andrew Knight now under the USPTO’s microscope, the subject matter has emerged as a necessary area of consideration. Aiming to define a clear path for processing such applications, the Office has outlined a series of points that applicants should address prior to filing:

Whether a search of the prior art was made, and if so, what was searched
A copy of any non-patent literature, published application, or patent (US or foreign), by any of the inventors, that relates to, or has a plot/storyline similar to, the claim invention
A copy of any non-patent literature, published application, or patent (US or foreign) that was used to draft the application
A copy of any non-patent literature, published application, or patent (US or foreign) that was used in the invention process
Identification of any use of the claimed invention known to any of the inventors at the time the application was filed notwithstanding the date of the use
A copy of any publication of which the Applicant is aware concerning these applications
Identification of any court case that Applicant contends provides legal precedent for a grant of patent rights to the application

The USPTO adds: ‘Examiner realises that it may prove difficult to provide some of the non-patent literature that might have been used to develop the plots in question. For instance, it might not be practical to submit an entire novel or a motion picture in response hereto. In those cases, Applicant should identify the non-patent literature and provide a synopsis of the plot or other pertinent information. If possible, Applicant should provide copies of any particularly relevant passages.’

It is not yet known when the USPTO will make a decision on Mr Knight’s applications.